"MOTIVAY"
TERMS AND CONDITIONS FOR THE USAGE OF THIQAH-MOTIVAY PLATFORM
Usage of THIQAH-KAFU Platform and or creating
an account with it constitute an acceptance by
users of the following terms and conditions
(T&Cs).
KAFU
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1. Definitions:
The following expressions shall have the meanings
ascribed next to them unless the normal context
of the text suggests otherwise:
1.1.THIQAH Co.: THIQAH Business Services LLC.
(C/R. No. 1010332510), and or any affiliate
thereof or a company that is partially or
totally owned thereby.
1.2.MOTIVAY: A smart platform that offers
interactive solutions in which it helps increase
employee engagement and provide an
attractive and stimulating work environment
to endorse achievement and creativity.
Motivay platform consists of a mobile
application on Android and iOS and the main
web admin panel.
1.3.Platform: The THIQAH Co. customized version
of the KAFU Platform offering employees
peer-to-peer interactive tool developed by
MOTIVAY with Trademark ownership, is
hosted at, and accessible from the THIQAH
Co. Intranet (portal).
1.4.Trademark: MOTIVAY ownership for KAFU
platform.
1.5.User: THIQAH Co. employee entitled to the
use of the Platform or the person owning an
account opened with the Platform.
1.6.Account: the personal account of the User
opened with the Platform.
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1.7.Allowed Use: the fair uses for which THIQAH
Co. has put the Platform in function.
1.8.Materials: data and documents of all types
provided or otherwise uploaded by the User
over the Platform, which includes all types of
written and audio-visual expressions (such as
pictures, animations, videos and flash
pictures).
1.9.Policies: Any policy or additional terms issued
by THIQAH Co. from time to time having the
aim of defining and regulating any of the
following:
1.9.1. the manner of dealing with any of the
technical or procedural aspects of the
Platform.
1.9.2. terms, limitations and restrictions
applicable over any particular type of
Allowed Uses.
1.9.3. any other matter or aspects
connected with the Platform, Platform
usage or the User.
as may be altered or restated from time to
time by THIQAH Co.
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2. The Use of the Platform, and the Requirements
of the Eligible User
2.1.The main purpose of the Platform is to create
an interactive space dedicated for usage by all
levels of THIQAH Co. employees (executives –
non-executives) with the aim of facilitating
interactions, discussions and exchange of
views over any of the matters related to the
work done by them, the environment of the
work place, or the staff, and detecting
prevailing views. Likewise, the goal includes
the creation of a mechanism for valuating
activities over the Platform, and rewarding
the same by way of granting points that are
exchangeable in return for benefits and
privileges decided by the Policies adopted by
THIQAH Co.
2.2.To be eligible to use the Platform, the User
should:
2.2.1. be a permanent employee of THIQAH
Co. who is not under any probation.
2.2.2. not have been disqualified by THIQAH
Co. management from usage of the
Platform.
2.2.3. meet the requirements set forth in the
relevant applicable Policies.
Any usage should be immediately ceased
upon losing any of the eligibility requirements
set forth above.
2.3.All the uses of the Platform should be Allowed
Uses with the following terms:
2.3.1. personal for the Users.
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3. THIQAH Co. Powers over the Platform and
Usage
3.1.THIQAH Co. has decisive powers over the
Platform and all its functions. THIQAH Co.
may at its sole option limit the forms of uses
of the Platform, freeze the same for a certain
period of time, replace the same with any
other application, and or lockdown
(shutdown) the same entirely, whether for a
specific Account (or group of Accounts) or for
the entire Platform. Likewise, THIQAH Co.
may delete content of any posts, files,
attachments or Materials published over the
Platform.
3.2.Getting access to, and receiving benefits
entitled from, the Platform is not in any sense
an acquired contractual or employment right
of the employees, as they are considered
extra grants and facilities provided by THIQAH
Co. apart from the employment relation for
the period of time decided by it. Similarly, the
fact that a User is entitled to access and use
the Platform does not merely indicate that an
employee-employer relation between the
employee and THIQAH Co. exists at the time
of the use or that the User has successfully
completed the probation period.
3.3.In addition to any power granted herein to
THIQAH Co. over the Platform, THIQAH Co. is
entitled to conduct any of the following acts
without showing reasons:
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3.3.1. viewing the Users’ personal profiles,
Materials published by Users, Account
information; and accessing all the
information thereat and storing the
same.
3.3.2. sending direct messages to any User
or group of Users.
3.3.3. generating various number of reports
depending on the Users gathered
information.
3.3.4. determining the types of Materials
allowed to be published on the
Platform.
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3.3.4
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4. Privacy, and the Duty to Maintain
Confidentiality
4.1.Users should be aware of the fact that their
posts and contributions on the Platform are
viewable, extractable and storable by all other
Users and grantees of a right of access to the
Platform. Therefore, posts/contributions
made by Users will be considered as:
4.1.1. accompanied with the User’s
authorization on their viewing,
extracting, storing and categorizing by
any other Users.
4.1.2. accompanied with the User’s
assurance that posts and content
thereof do not infringe on any third
party’s IP or personal rights, and with
the assurance that publishing the
same on the Platform is not
considered a criminalized or tortious
act.
4.2.Notwithstanding to Clause 4.1, no User may
be entitled to copy, duplicate, share, store or
keep in any readable format any posts,
comments or Materials advertised or made
available on the Platform by any other User,
for any reason, even when so approved by
the management of THIQAH Co. or the
respective User. Likewise, all parts and
contents of the Platform, including the
program codes, and THIQAH Co. affairs in
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general, should be kept confidential and
under strict duty of secrecy by all Users.
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5. Intellectual Property Rights
5.1.All the Users acknowledge the THIQAH Co.
license rights over the core platform
constituting the MOTIVAY Platform (system),
and also the exclusive proprietary rights of
THIQAH Co. over all the customization and
adaptation works done for generating the
THIQAH Co. customized version of MOTIVAY
Platform and for hosting the same over the
Intranet / portal of THIQAH Co. [hereinafter
referred to as ‘Reserved Assets’].
5.2.Users make the following promises and
undertakings:
5.2.1. Not to infringe on or violate any of the
IP rights vested in any of the Reserved
Assets pursuant to laws of any
jurisdiction or rules of any
international treaties (including for
IP’s acquired through submittal of
registration applications or
confirmation of rights).
5.2.2. Not to claim any right (e.g. –
commercial, IP oriented or otherwise)
regarding or over any of the Reserved
Assets.
5.2.3. Not to induce or assist any third party
into doing any of the acts set forth in
items 5.2.1 and 5.2.2.
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6. Miscellaneous Provisions
6.1.The THIQAH Co.-User’s relation under these
T&Cs, including disputes having to do with the
usage of the Platform, any of the duties or
restrictions under these T&Cs and or any
transaction contemplated thereunder, will be
exclusively governed by the Saudi laws and
regulations and exclusively fall within the
general jurisdiction of the Saudi courts.
6.2.The above preamble and Policies are
considered part and parcel hereof. In case of
any inconsistency or disagreement, the
relevant Policy term will take precedence
over these T&Cs.
6.3.Writings served via email, the communication
tool offered by the Platform, or via the
Account are considered legally and
functionally equivalent to the traditional
written documents issued under the hand
and signature of THIQAH Co. or the User or
any of their respective authorized agents.
6.4.A waiver of any right/interest by THIQAH Co.
will only be effective when expressed in
writing, be explicit, and is properly addressed
to the intended User by the authorized
person.
6.5.THIQAH Co. may amend any of these T&Cs,
which amendments shall come into effect the
day following the day on which they are
published through the normally followed
publication method.
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6.6.The authentic Arabic version of these T&Cs
shall prevail over its English translation
version.
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-T&Cs THE OF END-
